Fair Work Ombudsman v Albert (No 3) [2023] FCA 220

Fair Work Ombudsman v Albert (No 3) [2023] FCA 220

The officials' conduct amounted to serious, deliberate, and repeated contraventions of s 500 of the Fair Work Act 2009 (Cth), warranting substantial pecuniary penalties under s 546 to achieve deterrence. The CFMMEU's status as a serial contravener elevates the need for general deterrence, and personal payment orders are appropriate against individual respondents due to their positions and histories of contravention.

Jurisdiction
Australia
Judgment Date
16 March 2023
Procedural Posture
Civil Penalty Proceeding / Judgment on Penalty and Orders
Outcome
Declarations made as agreed; pecuniary penalties imposed on all respondents; personal payment orders imposed on second and third respondents; penalties payable to the Commonwealth; no order as to costs.
Legal Topics
['pecuniary Penalties' 'contraventions of S 500 Fair Work Act' 'right of Entry by Union Officials' 'general and Specific Deterrence' 'personal Payment Orders']
['industrial Law' 'employment Law'] ['pecuniary Penalties' 'contraventions of S 500 Fair Work Act' 'right of Entry by Union Officials' 'general and Specific Deterrence' 'personal Payment Orders']

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Procedural Posture

Civil Penalty Proceeding / Judgment on Penalty and Orders

Legal Issues

  1. 1 ['What is the appropriate penalty for the admitted contraventions of s 500 of the Fair Work Act 2009 (Cth)?' 'Should personal payment orders be made against individual respondents?' 'What are the principles applicable to setting pecuniary penalties in these circumstances?']

Ratio Decidendi

The officials' conduct amounted to serious, deliberate, and repeated contraventions of s 500 of the Fair Work Act 2009 (Cth), warranting substantial pecuniary penalties under s 546 to achieve deterrence. The CFMMEU's status as a serial contravener elevates the need for general deterrence, and personal payment orders are appropriate against individual respondents due to their positions and histories of contravention.

Court Disposition

Declarations made as agreed; pecuniary penalties imposed on all respondents; personal payment orders imposed on second and third respondents; penalties payable to the Commonwealth; no order as to costs.

Orders

  • ['Mr Te Aranui Albert to pay pecuniary penalties totalling $7,000.00.' 'Mr Blake Hynes to pay pecuniary penalties totalling $12,000.00.' 'Mr Michael Ravbar to pay pecuniary penalties totalling $7,000.00.' 'The CFMMEU to pay pecuniary penalties totalling $88,000.00.' 'Penalties to be paid to the Commonwealth of...